Edwardsville attorney Michael D. Schag, of counsel to Heyl, Royster, Voelker & Allen, discussed legal issues relating to deployed military members during an ISBA conference, “Effective Lawyering on Contemporary Issues in Contemporary Times,” April 7 in Collinsville.

Schag's presentation was aimed at educating stateside legal professionals about how better to deal with the difficult legal issues associated with military members called to duty.

“With today's high military operational tempo, many active-duty and reserve personnel deploy overseas for periods ranging from a few months to more that two years,” he said. “They necessarily leave behind various personal, financial and legal obligations.”

On Dec. 19, 2003, President Bush signed legislation enacting sweeping changes to the Soldiers and Sailors Civil Relief Act, now known as the Servicemembers Civil Relief Act.

The act grants new rights and protections for military personnel. For example, a judge can stay a pending court case until the service member returns from the deployment.

According to Schag, both companies and individuals can be dramatically affected when these rights are invoked. If a court stays pending action, the parties have to wait until the service member returns before the case is completed.

In other situations, service members' rights can impact the terms of a contract and the rate or amount of payments received on a variety of obligations.

“Of course, the point of the legislation is to free our military members from worry about some of their stateside obligations so they can better focus on the mission abroad,” Schag explained.

“Nevertheless, many individuals, both military and non-military personnel, are still struggling to decipher the new rules and determine how to apply them,” he continued.

“Luckily, there is some existing framework deriving from the old Soldiers and Sailors Act, but the new Servicemembers Act has changed many of the ground rules.”

Schag's practice focuses on commercial, insurance, mass tort and contracts litigation. Previously, he was an active-duty judge advocate in the Air Force Reserve.

In addition to service as a trial advocacy instructor and administrative hearing officer, his assignments included prosecution and defense in several high-profile and complex adjudications, and participation in government contract disputes.

The Illinois State Bar Association permits waiver of dues to members for up to four years during time spent in military service. Waiver forms may be obtained from the membership department in Springfield, (800) 252-8908.